Amazon’s AWS cloud service has been a significant success for the company, with Jeff Bezos revealing in April that it is now a $5 billion a year business. However, some have raised concerns that the IP non-assert provision in the AWS standard customer agreement may prove problematic for those who have signed up. Among them is Bart Eppenauer, former chief patent counsel at Microsoft and now managing partner of law firm Shook Hardy & Bacon’s Seattle office. Here he explains why he believes that entities using AWS services should be wary of the agreement’s terms:

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MS faced antitrust scrutiny over its patent non-assert in JP and the EU back in the early 2000s. Its often forgotten because of the widely reported US antitrust case, but those quieter ompetition battles (likely) resulted in MS removing the patent provision from its OEM agreements.